Kevin L. LaRoche  

Partner

Executive Summary

Kevin LaRoche is a partner in our Intellectual Property Group. He works nationally but is based in Ottawa. He is certified by the Law Society of Upper Canada as a Specialist in Intellectual Property Law (Patent).

Mr. LaRoche has broad and substantial litigation experience, having acted as defence counsel in major criminal cases (from 1987 to 1992), counsel in insurance cases (from 1990 to 1994), and as a lead commercial litigator (from 1994 to 2000). Since 2000, Mr. LaRoche has focused on technology based and complex litigation, in fields such as oil and gas services, software, medical treatment technologies, cybersecurity and epidemiology / statistics. Much but not all of this work has been done in the context of patent and product liability cases.

Mr. LaRoche has argued trial level cases in the Federal Court, Ontario Superior Court, Ontario Divisional Court, and the Cour supérieure du Québec. He has appeared as well before the Ontario Court of Appeal, the Federal Court of Appeal, and the Supreme Court of Canada. He has also appeared in commercial arbitrations, including pricing arbitrations, and before administrative tribunals, such as the National Energy Board.

Mr. LaRoche has also written extensively on commercial intellectual property issues, including intellectual property insurance and collateralization/securitization. He is a coeditor of "The Business of Innovation: Intellectual Property Transactions in Canada " to be published by Thomson / Carswell in 2016. Mr. LaRoche has attended the Harvard Law School Program on Negotiation.

Kevin LaRoche's BNN Interview
Human drivers could still be liable in self-driving car accidents: Legal expert
— BNN, August 17, 2016

Representative Work

Mr. LaRoche's major litigation clients in the last four years include Schlumberger Canada, Schlumberger Technology Corporation, Encon Group Inc., JTI McDonald, M-I LLC's, Dywidag Systems International, Atlantic Lottery Corporation, Atomic Energy Canada Limited, Canadian Nuclear Laboratories, ProtectSYS GmbH, N.V Nederlandsche Apparatenfabriek, Giant Tiger Stores Limited, Canadian Auto Preservation Inc, Dragados Canada Inc, Acciona Infrastructure Canada Inc, and Fluor Canada Inc.

Publications & Presentations

  • Interview, "Human drivers could still be liable in self-driving car accidents: Legal expert," Business News Network, August 17, 2016.
  • Interview, "Self-Driving Car Liability," (37:00) The Exchange, CBC, August 2, 2016.
  • Speaker, "Intellectual Property Rights and Innovation in the Fourth Industrial Revolution," CIGI, March 22-23, 2016.
  • Co-editor and Co-author, The Business of Innovation: Intellectual Property Transactions and Strategies in the New Economy, Thompson Carswell, 2016.
  • Author, "Sedona Conference Publishes Information Security Guidelines for Law Firms" November 2015.
  • Co-Author, "Internet of Things and Cybersecurity," August 2015
  • Editor, Canadian Bar Association, Intellectual Property Section Case Summaries, 2004-2011.
  • Author, “Client Conflict Rules and Intellectual Property Practice in Canada,” Coalition for Intellectual Property Rights publication, 2009.
  • Editor, Consolidated Intellectual Property Statutes and Regulations, Thompson Carswell, 2004-07.
  • Author, “The Problem of Fine Distinctions:  The Propriety of Questions in a Patent Discovery,” Dimock, Intellectual Property Disputes, Resolutions, and Remedies, Chapter 10.1, Thompson Carswell, 2006.
  • Panellist, 14th Annual Intellectual Property Law:  The Year in Review, Ottawa, 2010.
  • Speaker, “Ethical Walls and Disqualification of Counsel,” New York State Bar Association Intellectual Property Law Section Summer Meeting, 2007.
  • Speaker, “Monetizing IP:  Analyzing and Leveraging Patent Portfolios,” The New Intellectual Property Economy, Orrick, 2006.
  • Speaker, “Managing Intellectual Property Disputes and Litigation,” The New Intellectual Property Economy, Orrick, 2006.
  • Speaker, “Experimental Use:  What’s Fair and What’s Not,” Intellectual Property Institute of Canada Spring Meeting, 2006.

Rankings & Recognitions

  • Recognized in the 2017, 2016 and 2015 editions of Benchmark Canada – The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys as a Local Litigation Star: Ontario and a Litigation Star: General Commercial and Intellectual Property.  Also recognized in the 2017 edition as a Litigation Star: Insurance.
  • Selected by peers for inclusion in the 2017, 2016 and 2015 editions of The Best Lawyers in Canada (Intellectual Property Law).
  • Recognized in the 2017, 2016 and 2015 editions of IAM Patent 1000The World’s Leading Patent Practitioners (Litigation).